State Legal Advisor Must Represent Speaker?

Read this news from The Star regarding State LA must represent speaker.

Ipoh High Court Commissioner Ridwan Ibrahim ruled that Sivakumar was not allowed to be represented by his lawyer and must ONLY be represented by state LA, based on Government Proceedings Act.

Firstly, Government Proceedings Act is not applicable because Sivakumar doesn’t not come within the Government Proceedings Act. The speaker is not a “public officer” and the State Assembly is not “government” within the meaning of that Act.  See here for more details (Press release by Tommy Thomas, lawyer representing the Speaker).

Secondly, according to Dato’ Ambiga Sreenevasan, President of Malaysian Bar, there is a clear conflict of interest. The state LA and his department are presently acting for Dato’ Zambry in the Kuala Lumpur High Court suit where Dato’ Zambry’s appointment is being challenged. How can he or his department now act for the Speaker against Dato’ Zambry?

Firstly, every lawyer must act on the instructions of his client and not otherwise.  The Speaker has stated that he never gave instructions to the State Legal Advisor to either appear for him or to argue the case on his behalf.  This is a matter that the Court must satisfy itself of before proceeding.

                                       - Dato’ Ambiga Sreenevasan

                                          (President, M’sian BAR)

Dato’ Ambiga Sreenevasan said that what had happened in Perak was unprecedented. There is not even a single lawyer who is able to give a conclusive opinion as it involves complex issues and complicated constitution interpretation.

However, there is one way to solve it once and for all – fresh election. Let the people decide.